{"id":7569,"date":"2026-11-04T08:34:12","date_gmt":"2026-11-04T08:34:12","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7569"},"modified":"2026-11-07T15:56:43","modified_gmt":"2026-11-07T15:56:43","slug":"osim-sau-euipo","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/osim-sau-euipo\/","title":{"rendered":"OSIM or EUIPO? Choosing the territory and type of protection"},"content":{"rendered":"

Intellectual property, step by step \u2014 episode 2<\/strong>
Updated: November 4, 2026<\/p>\n

You have a name for your business and you are thinking about protecting it as a trademark. The next decision is not just where you file the application, but also how you register it. what you protect, for which products or services and in which territory<\/strong>. The choice between OSIM and EUIPO depends on the real markets of the business, the previous rights and the budget for the entire procedure.<\/p>\n

This episode continues Episode 1: the company name and the brand<\/a>. You can find all the topics in the contents of the series<\/a>.<\/p>\n

Before the election: what are you actually protecting?<\/h2>\n

The name of the company registered with the ONRC identifies the professional; the trademark distinguishes its products or services. The internet domain is the address of the website. Copyright law can protect original creations, such as logos, texts, or photographs, under the law. These mechanisms complement each other, but do not replace them.<\/p>\n

Booking the company or buying the domain does not mean registering a trademark. Nor should the payment to a designer be confused with acquiring all the necessary rights over the logo: check the contract as well.<\/p>\n

OSIM: National protection in Romania<\/h2>\n

An application to the State Office for Inventions and Trademarks may be appropriate if your activities and plans primarily target Romania. Article 4, paragraph (1) of Law No. 84\/1998 regulates the acquisition and protection of the right through registration with the OSIM. Exclusivity has conditions and limits; it does not constitute a monopoly over any use of a word.<\/p>\n

The national trademark does not automatically cover other countries. If you expand, the research and protection must be adapted to the new markets. At the same time, the verification for Romania must include EU trademarks and international registrations with effect here, not just the national register.<\/p>\n

EUIPO: a trademark for the entire European Union<\/h2>\n

The EU trademark managed by EUIPO can be analyzed when the business pursues several member states. It has unitary character, according to Article 1(2) of Regulation (EU) 2017\/1001; its protection includes Romania, being recognized also by Article 4(2) of the Romanian law.<\/p>\n

A broader area also entails broader risks. A previous national trademark from a single Member State may form the basis of an opposition to the EU application, under Article 8 of the regulation. An absolute ground for refusal that exists only in one part of the Union may also prevent registration, according to Article 7(2).<\/p>\n

You cannot simply remove the state where the problem exists from the EU request. In certain situations, conversion into national requests can be considered, with conditions, exclusions, and its own costs; this is not an automatic remedy.<\/p>\n

Verbal or figurative mark?<\/h2>\n

A verbal mark refers to words, letters or numbers in standard characters, without the claim of a specific graphic presentation. A figurative mark refers to the representation submitted and may include drawing, stylization and words.<\/p>\n

If the name is the central element and will appear in different graphics, a verbal request is worth considering. If visual identity matters, protecting the logo can also be useful. Sometimes separate requests are justified. Registration of a figurative assembly does not automatically confer exclusivity on a descriptive word taken separately.<\/p>\n

The research of the rights of others does not replace the verification of distinctiveness. Signs lacking distinctive character or exclusively descriptive may encounter absolute grounds for refusal: Article 5 of the Romanian law and Article 7 of the regulation, with the exceptions provided for by these texts.<\/p>\n

Classes in Nice and the real cost of choosing<\/h2>\n

The list of products and services must be clear and adapted to your offer. The class number is a classification tool: products are not automatically similar because they are in the same class, nor automatically different because they are in different classes. The rule also results from Article 33(7) of the regulation.<\/p>\n

A too narrow list can leave important activities outside the requested protection. An excessive list can lead to unnecessary costs and conflicts. See also episodul 3: verificarea m\u0103rcii, anterioritate \u0219i clasele Nisa<\/a>, actualizat la 7 noiembrie 2026.<\/p>\n

Compare the official fees, the number of applications and classes, the research, representation and any possible opposition. Consult the current fees of the office before filing. A higher fee does not buy the certainty of registration.<\/p>\n

Ten years, renewal and effective use<\/h2>\n

Both the national brand and the EU brand have a ten-year duration calculated from filing and can be renewed for successive ten-year periods, subject to the procedure and payment of fees. Renewal does not replace actual use.<\/p>\n

For the EU trademark, Article 18 provides for effective use within the Union within five years of registration and consequences for unjustified interruption for five years. Non-use may lead to revocation under the regulations, not to the automatic disappearance of the certificate upon the expiration of the term.<\/p>\n

It should not be assumed that the EU trademark must be used in every Member State. In the case C-149\/11, Leno Merken, the judgment of December 19, 2012, the CJEU established that the assessment of serious use disregards the borders of the Member States. The entire context matters; the use in a single state is neither sufficient nor insufficient in itself.<\/p>\n

The six-month priority and the Madrid system<\/h2>\n

A first application may allow the priority to be claimed in a subsequent EU application for the same mark and identical or similar products or services as those included in the first application, under the conditions of Article 34 of the Regulation. The deadline is six months from the first eligible filing; the formalities for claiming the priority must be observed.<\/p>\n

The priority does not eliminate the previous rights of the first application, does not guarantee admission and does not automatically reserve all markets. For international protection, the Madrid system administered by WIPO can be analyzed, starting from a basic application or registration and appointing the members of interest.<\/p>\n

There is thus no \u201eglobal trademark\u201d: each designated office applies its own conditions and may refuse protection. International registration depends on the basic mark for the first five years, under the Madrid Protocol.<\/p>\n

Hypothetical example and practical steps<\/h2>\n

A Romanian company sells cosmetics and is preparing to expand into other EU states. The research finds a closely related protected national trademark in another member state for cosmetics. The choice is not solved by counting the covered countries: the previous law, the marks, the products, and the expansion plan must be analyzed. The example is fictitious and does not anticipate the solution of a procedure.<\/p>\n

    \n
  1. It establishes the current and predictable holder, markets and supply.<\/li>\n
  2. Choose the mark and investigate the relevant prior rights, including similar variants.<\/li>\n
  3. Compare the procedures and the total budget before making important investments in packaging and advertising.<\/li>\n<\/ol>\n

    It keeps the search results with their date, the contract with the designer, the requests and proofs of submission, the invoices, the labels, the catalogs and the dated captures of the site. The The evidence must indicate the brand, the products, the period and the territory of use. The certificate alone does not prove actual use.<\/p>\n

    Common mistakes: checking only on Google, choosing exclusively by price, assuming that the domain eliminates conflicts and confusing a registered logo with unlimited protection of the name.<\/p>\n

    Frequently asked questions<\/h2>\n

    Can I file first with OSIM and later with EUIPO?<\/h3>\n

    Yes, through separate applications, analyzing also the priority. Admission of the first application does not guarantee admission of the second one.<\/p>\n

    Does an online store necessarily need an EU trademark?<\/h3>\n

    It does not automatically result from the existence of the website. What matters are the targeted markets, activity and concrete risks.<\/p>\n

    A search without results guarantees availability?<\/h3>\n

    No. There may be similar signs, recent requests, or other relevant rights. Research reduces uncertainty without eliminating any risk.<\/p>\n

    Legal references and official sources<\/h2>\n